Court:Judges cannot get involved in church dispute
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In a groundbreaking case, the Supreme Court on Wednesday held for the first time that religious employees of a church cannot sue for employment discrimination.
But the court's unanimous decision in a case from Michigan did not specify the distinction between a secular employee, who can take advantage of the government's protection from discrimination and retaliation, and a religious employee, who can't.
It was, nevertheless, the first time the high court has acknowledged the existence of a "ministerial exception" to anti-discrimination laws — a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves employees of these institutions.
The case came before the court because the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act.
Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.